"This case assesses the constitutionality of a Texas statute making it a crime to promote or sell sexual devices." So begins a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today. And, by a vote of 2-1, the appellate court holds that "the statute has provisions that violate the Fourteenth Amendment of the U.S. Constitution."

According to the majority opinion:

Because of Lawrence, the issue before us is whether the Texas statute impermissibly burdens the individual's substantive due process right to engage in private intimate conduct of his or her choosing. Contrary to the district court's conclusion, we hold that the Texas law burdens this constitutional right. An individual who wants to legally use a safe sexual device during private intimate moments alone or with another is unable to legally purchase a device in Texas, which heavily burdens a constitutional right.

"No Extra Prison Time For D.C.'s 'Tractor Man'":This article will appear Wednesday in The Washington Post.Posted at 10:48 PM by Howard Bashman"Energy Contracts Spark High-Stakes Supreme Court Case; Justices to review multibillion-dollar energy contracts": Marcia Coyle has this article in the current issue of The National Law Journal.Posted at 10:30 PM by Howard Bashman"State's high court says injured bobsled passenger can sue": Geoffrey Fattah of The Deseret Morning News has a news update that begins, "The Utah Supreme Court has ruled a man who broke his back while riding the Winter Sports Park bobsled run can sue the Utah Athletic Foundation for gross negligence, although he signed a liability waiver form acknowledging the risks."

"Suit revived over UW response to alleged rape by athlete": The Seattle Times today contains an article that begins, "The state appeals court breathed new life Monday into a lawsuit that accused the University of Washington of minimizing an allegation of rape against a Husky football player and treating his accuser with 'deliberate indifference.'"

"Trial could put focus on interrogation; Administration practice may be key in 9/11 cases": Charlie Savage has this article today in The Boston Globe.Posted at 07:08 PM by Howard Bashman"India court in moustache notice; India's Supreme Court has issued a notice to a state-run airline asking it to explain why an air steward was sacked for wearing a big moustache": BBC News provides this report.

"Sentelle Takes Over": Joe Palazzolo has this post today at "The BLT: The Blog of Legal Times." Additional evidence can be viewed at this link.Posted at 03:05 PM by Howard Bashman"UK's 'concerns' over 9/11 trials; Foreign Secretary David Miliband has said he has 'some concerns' over US military tribunals for six men charged with involvement in the 9/11 attacks": BBC News provides this report.Posted at 02:55 PM by Howard Bashman"US judge steps in to torture row; The most outspoken judge on the US Supreme Court has defended the use of some physical interrogation techniques": BBC News provides this report. You can access related audio via this link.

"U.S. Supreme Court chief in R.I. today": Edward Fitzpatrick has this article today in The Providence Journal. The newspaper also provides an update headlined "Dozens use chief justice's visit to protest Guantanamo."Posted at 02:20 PM by Howard Bashman"U.S. seeks shutdown of South Africa case": Lyle Denniston has this post today at "SCOTUSblog." You can access the federal government's cert-stage amicus brief at this link.Posted at 02:04 PM by Howard BashmanUnder the National Childhood Vaccine Injury Act, does a claim for compensation for a vaccine-related injury survive the death of the child who received the vaccine? In an interesting decision issued today, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit is unanimous in answering "yes," but the panel divides 2-1 over the reasons for reaching that outcome.Posted at 12:04 PM by Howard Bashman"Judicial skeptics may be excluded from juries": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A state appeals court upheld a Richmond man's assault conviction and prison sentence of 40 years to life Monday, rejecting defense attorneys' argument that prosecutors were racially biased in dismissing black jurors who were skeptical about the criminal justice system."

"South Korea Holds Its First Jury Trial": The Associated Press provides a report that begins, "South Korea held its first-ever trial by jury Tuesday as part of reform measures aimed at increasing confidence in the judicial system."Posted at 11:00 AM by Howard Bashman"Consumer food labeling suits reinstated": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Private citizens can sue to enforce California's food labeling laws, the state Supreme Court said Monday in a ruling that revives a consumer complaint about the chemically induced orange coloring of salmon raised on fish farms."

"Court Upholds Ron Isley Prison Sentence": The Associated Press provides a report that begins, "An appellate court has upheld a 37-month federal prison sentence for tax evasion for R&B singer Ronald Isley. The three-judge panel rejected the 66-year-old singer's argument that his sentence was unreasonable due to his age, poor health and lack of proof that the federal prison system can provide him adequate health care."

"Mr. Mukasey's False Fear: The attorney general wrongly opposes adjustments of sentences for crack cocaine offenses."This editorial appears today in The Washington Post.Posted at 08:45 AM by Howard Bashman"As on Bench, Voting Styles Are Personal": Today in The Washington Post, Robert Barnes and Lucy Shackelford have an article that begins, "You won't find Chief Justice John G. Roberts Jr. on the list of registered voters in Montgomery County, where he lives, but that doesn't mean he has given up his franchise. Extending the private world of the Supreme Court just a bit, Roberts is a Maryland 'confidential voter.' That means that, unlike other voters, he is not required to make his home address, birth date, party affiliation and history of participation available to the public, according to Marjorie Roher, public information officer for Montgomery County's elections board. Roher said she is allowed to confirm the names of confidential voters when asked."Posted at 08:42 AM by Howard Bashman"Finding 11-Day Sentence Not Too Little but Too Late": Today in The New York Times, Adam Liptak has this installment of his weekly "Sidebar" column.